Re-engineering access to justice

Technology has been central to the DIFC Courts’ operating model since starting operations over a decade ago and we have been leading the way when it comes to innovation, which has enabled us to transition mindsets from ‘courts-as-a-place’ to ‘courts-as-a service’. For us, this service excellence comes hand-in-hand with innovation

The coronavirus pandemic has propelled the world into a new, digitally reliant era as people move in masse towards remote working and distance learning. As a part of the UAE Government’s commitment to effectively employ advanced technologies and digital platforms to continue services to the public, entities have implemented and introduced various digital mediums to stay connected with clients and customers with the ultimate goal to ensure that together we are all working towards strengthening the economy. Technology has been central to the DIFC Courts’ operating model since starting operations over a decade ago and we have been leading the way when it comes to innovation, which has enabled us to transition mindsets from ‘courts-as-a-place’ to ‘courts-as-a service’. For us, this service excellence comes hand-in-hand with innovation. Among the many technologies the courts have pioneered to increase access to justice, is the region’s first digitally integrated courtroom and re-engineered state-of-the-art e-Court Management System (CMS) in 2016, as well as the region’s first ‘paperless’ e-bundling solution in 2018. These early tech adoptions are now the bedrock that fortunately enables the DIFC Courts to maintain all core services during the period of physical closure from March 17 till May 28. By increasing utilisation of our existing videoconferencing and teleconferencing facilities for applications and hearings, we are enabling court users and the public to access extensive eServices remotely from any smartphone, tablet or desktop devices. In an era of significant disruption, we have invested massively in emerging technologies to stay ahead of the curve. Instant access to information has perhaps had the biggest influence on the way we run our operations, particularly vital within the legal sector, where hordes of data needs to be easily available. With all this technological implementation, we haven’t stopped there. But where next? What should we as Courts be focusing on for the future? We continue to look forward, seeking out new technology to further increase access to our services for the public. Expectations from the private sector increasingly require the bold engagement of public service. The DIFC Courts’ ambition, through continued outreach to global judicial systems, is to contribute in creating a level-playing field between businesses, by re-engineering the way commercial justice is designed and delivered. The future of commercial courts may be one of supporting supply chains operating virtually, with dispute resolution encoded into the blockchain, with virtual currency and with the most likely dispute being one of coding. Those supply chains will develop and advance to the point that smart contracts will replace traditional contracts, and we’ll see them become universal even for small- and medium-sized enterprises (SMEs) operating on a public blockchain. The Courts of the Future was launched by the DIFC Courts and the Dubai Future Foundation (DFF) in 2017 with a mandate to explore diverse legal tech. topic areas and to provide research and thought leadership on promoting and encouraging contemporary methods of greater accessibility and efficiency to court users across the globe. This think tank has enabled the DIFC Courts to streamline its major legal tech. projects under the Courts of the Future, pooling talent and resources from global partners and experts across the fields of law, technology, IT and business, assembled to help legal systems accommodate the accelerating growth of technology. In 2018, as an initiative under the Courts of the Future, the DIFC Courts partnered with Smart Dubai to create the

world’s first Court of the Blockchain. Building on existing dispute resolution services, the alliance is exploring how to aid verification of court judgments for cross-border enforcement. The partnership was the first step in creating a blockchainpowered future for the judiciary which will have far-reaching benefits, including streamlining the judicial process, removing document duplications, and driving greater efficiencies across the entire legal ecosystem. We also pushed the boundaries again in 2019, establishing the world’s first Court Tech Lab in partnership with DFF. In exploring how judicial systems can be strengthened through technology, the Court Tech Lab will unite individuals and companies helping to prototype and launch the advancement of court-based technology, such as Blockchain-powered initiatives, AI-enabled programmes and cloud-based solutions.

Perhaps because of their relative youth, judiciaries in this region have proven themselves to be early adopters of the latest technology. The UAE, and in particular Dubai, with its Smart Dubai initiative to become the technologically smartest

city in the world, is fast becoming a global leader in the adoption of new technologies to meet the demands of business. This new era of legal technological disruption, working to replace outdated processes with digital technology is the key to creating real legal efficiency and certainty for businesses, even during these uncertain times. Aligning with the UAE Vision 2021 and the Dubai Smart Government initiative that work towards developing a knowledge-based economy through the adoption of technology in all services, we continue to drive the economy and work towards the Government’s initiatives despite challenges that come our way. Being a world class commercial court is not an end in itself. For the DIFC Courts, that means helping to make the UAE one of the best places in the world to live and work. The transformation in commercial dispute resolution in the Arab world over the last decade has been nothing short of remarkable. But we are just at the beginning of the story.